How Uncle Sam blocks workplace investigations

May 1, 2001 12:00 PM, Larry Anderson www.securitysolutions.com

Government regulations can sometimes be stifling to business, and often a seemingly well-meaning law can have negative consequences that defy logic.

Such appears to be the case with the federal Fair Credit Reporting Act, which ensures that consumers are informed about issues relating to credit, including being notified when a credit reporting agency is conducting an investigation and afterward to be notified of the results of that investigation.

Not so obvious is the effect the law is having on the ability of a security director to do his job. In the convoluted world of government bureaucracy, it isn't a stretch at all to say that this law is hamstringing security directors in their efforts to protect their employers' assets. It's such an important issue that the American Society of Industrial Security (ASIS) is speaking out in favor of a law that would set the situation right.

Here's how the Fair Credit Reporting Act affects security directors: Workplace misconduct investigations are considered covered by the act, which treats employees as “consumers” and private investigators as “credit reporting agencies.” Under the law, employers are prohibited from retaining the services of a professional private investigative agency to look into suspected employee misconduct without first notifying the employee that an investigation will be conducted and afterward notifying him of the results of the investigation, including names and comments of witnesses.

Supported by ASIS, the proposed Civil Rights and Employee Investigation Clarification Act would make it easier to investigate incidents of workplace misconduct.

The proposed legislation says the current law “undermines the ability of employers to … investigate allegations of drug use or sales, violence, sexual (and other types of) harassment, employment discrimination, job safety and health violations, as well as criminal activity including theft, fraud, embezzlement, sabotage or arson, patient or elder abuse, child abuse and other types of misconduct relating to employment.”

In support of the law, ASIS president Bonnie Michelman of Massachusetts General Hospital says: “The proposed law will help America's security professionals protect lives and property in the workplace.”

Obviously the civil rights of all citizens should be carefully protected, and there is legal recourse available to anyone who thinks their rights have been violated. But surely even the authors of the original law did not intend it to block an employer's efforts to keep his people and assets safe from wrongdoers. Corporate America can't look to Uncle Sam for protection, but we can certainly hope he will step out of the way and let us protect ourselves.

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© 2008 Penton Media Inc.

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